Latvian sport is governed in a multi-level structure:
a) the level of sports federations – all sports
b) the olympic movement – only sports recognised by IOC qualify
Two “towers” for the Latvian sports
In Latvia both of the levels (a&b) belong to a different organisaion: a – to the Latvian Sports federations council (called “LSFP”), and b – to the Latvian Olympic Committee (called “LOK”).
Section 10. Sports Organisations
(1) Sports organisations are sports clubs, sports federations and other institutions referred to in this Law.
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(6) The activities of the sports federations recognised in Latvia shall be coordinated, their shared interests represented and implemented by the sports organisation – the association Latvian Sports Federations Council.
(7) The activities of the sports federations recognised in Latvia in respect of the Olympic sports approved by the International Olympic Committee shall be coordinated, their shared interests represented and implemented by the sports organisation – the association Latvian Olympic Committee.
Latvian Sports Law section 10 on LSFP and LOK
The LSFP and LOK merger
On 27 March 2024 both organisations are carrying out general meetings to approve their merger. Such initiative is based on their respective statues and the Associations and Foundations Law.
Delegation arising from the Sports Law
Although the merger is mainly based on the two legal sources cited (respective Statues and Law governing Associations & Foundations), the draft merger agreement and the draft decision does not clarfiy the role of the Latvian Sports Law.
Article 10 of the Sports Law delegates to the associations their respective powers. I.e., the rights to certify sports federations and represent the Republic of Latvia – those do not arise from the text, whatever it might be, in the Statutes or the Articles of Association of each respective organisation here.
Such rights both LSFP and LOK have, because the parliament has given them such authorisation.
Therefore, although a decision to approve the merger might create political pressure on the Latvian parliament, might not be legally enforceable and the legal preparations of such decisions might very likely be rejected by the Company register.
The meeting of members simply does not have the power to decide on such matters, where the higher hierarchy law has not authorised them to such.
Can this defect be cured? Hypothetically, if the merger agreement referred to a “condition precedent” that the parliament approves this merger, would it validate the voting as such? Most likely, still no, since the Law would have to be amended. The lawmaking process has its requirements before a Law can be passed, and it hardly could be considered a valid decision in itself, without a consequential additional meeting after the LAw manemdments hav ebeen passed.
Statutes as a supreme source of rights?
In the daily work life of an organisation, its statutes likely play the major and most important role. So it is easy to forget that the Statues and the initial delegation to an organisation actually might arise from a more supreme source of Law.
The provisions in the Sports Law, assigning LSFP its share of competencies, and LOK its share of the other competencies – is a politicla decisino, which cannot be changed by simple decision of the organisations themselves, in whatever forum they meet.
Who will fill the separate roles per Sports Law?
In addition to the two mentined organisations, there also exists a “Latvian National Sports Council” with separate function of each president of the above organisations.
The Latvian National Sports Council is a public consultative institution which participates in the development of the State sports policy, facilitates sports development and cooperation in the field of sport, and also in the making of decisions regarding matters related to sport. The Cabinet shall approve the by-law of the Latvian National Sports Council.
Latvian Sports Law section 9
Among many constituents of the Latvian National Sports Council are several ministers of the government, as well as (a) the president of the association Latvian Olympic Committee, and (b) the president of the association Latvian Sports Federations Council, and several others.
The roles of LOK and LSFP presdicents are separate in this forum. Looking further in the Law, we can find roles for each of the officials from each organisation separately in the anti-doping matters, too.